Home/Case Law/JOSE GOMEZ vs. DAMCO DISTRIBUTION SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY administered by SEDGWICK CMS, INC.
Regular DecisionRemoval

JOSE GOMEZ vs. DAMCO DISTRIBUTION SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY administered by SEDGWICK CMS, INC.

Filed: Jun 26, 2019
Los Angeles
ADJ11256141

CompFox AI Summary

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's Minute Order that took the case off calendar. This action was due to the defendant arguing irreparable harm and denial of due process from the abrupt rescheduling on the trial date. The Board found that the applicant's new claim for a prior back injury, filed the day before trial, did not necessarily impact the existing issues of causation and post-termination defense for the 2018 injury. The matter was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's Minute Order that took the case off calendar. This action was due to the defendant arguing irreparable harm and denial of due process from the abrupt rescheduling on the trial date. The Board found that the applicant's new claim for a prior back injury, filed the day before trial, did not necessarily impact the existing issues of causation and post-termination defense for the 2018 injury. The matter was returned to the trial level for further proceedings.

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JOSE GOMEZ vs. DAMCO DISTRIBUTION SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY administered by SEDGWICK CMS, INC. (2019) – Los Angeles | CompFox